12 results for 'cat:"Foreclosure" AND cat:"Contract"'.
J. Logue finds the trial court erred in its judgment in favor of the lender in the borrowers' lawsuit over a judgment of foreclosure allowing $20 million in default interest to be retroactively calculated and added to the $41,793,694 principal balance of the underlying mortgage loan. There are disputes of fact regarding whether the borrowers' use of hurricane insurance proceeds to fix damages to their hotel caused by Hurricane Irma in 2017 violated the terms of the mortgage note or was approved by the lender, so the trial court's summary judgment order in the lender's favor is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 8, 2024, Case #: 23-0071, Categories: foreclosure, contract
J. Pulliam remands to state court a convoluted contractual dispute concerning the foreclosure of several properties, because a nondiverse party in the case — a substitute trustee for the foreclosing bank — was properly joined, and therefore this court lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv1527, NOS: Other Contract - Contract, Categories: Jurisdiction, foreclosure, contract
Per curiam, the court of appeals denies the insurer's petition for a writ of mandamus, which seeks to compel the trial court to vacate its order denying its motion to dismiss for want of prosecution a suit involving its role as escrow agent for a $2 million loan. The lender brought claims of wrongful foreclosure, fraudulent transfer and conspiracy, saying the escrow agent permitted proceeds to be disbursed in contravention of the closing instructions and failed to timely record a deed of trust securing the lender's first-lien position. The trial court found the lender adequately explained the delay in its prosecution, though there is no record of the explanation. No abuse of discretion can be determined without this record.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 09-23-00260-CV, Categories: Banking / Lending, foreclosure, contract
J. Hightower finds the lower court properly denied a property owner’s motion to dismiss. The property owner argues he was named a third party in a lawsuit because he filed a warranty deed for the property, but the party bringing the suit argues he was named because of his interest in the property, not because of the filing of the warranty deed; the instant court agrees. The property owner’s argument that the claims against him are a violation of his rights under the Texas Citizens Participation Act (TCPA) are without merit as the TCPA does not apply in this circumstance. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Hightower, Filed On: October 31, 2023, Case #: 01-21-00539-CV, Categories: Real Estate, foreclosure, contract
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J. Harris finds in favor of the mortgage company in its appeal of the trial court's final judgment against it in a foreclosure action involving a deceased mortgagor and unknown heirs and others who never responded to the action and were defaulted. Despite not bringing any witnesses at trial, the company's sole evidence of the original note, loan agreement and other certified documents involving the mortgage satisfied the business record hearsay exception under Florida law, and the trial court abused its discretion by entering judgment against the company because it did not present witnesses not required by law under the circumstances. The trial court's order is overturned and the matter is remanded for it to enter a foreclosure judgment in the company's favor. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: September 29, 2023, Case #: 23-0188, Categories: Evidence, foreclosure, contract
J. Vitter denies a request by a mortgage lender to dismiss breach of contract claims brought by a mortgage note holder related to a default on a $292,027 mortgage loan and the resulting foreclosure of a New Orleans property. Because the litigants incorporated federal housing regulations into both the mortgage and the note, the note holder has stated a plausible breach of contract claim.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: September 15, 2023, Case #: 2:23cv1594, NOS: Other Contract - Contract, Categories: Housing, foreclosure, contract
J. Abramson finds the circuit court properly granted summary judgment in favor of the bank in this foreclosure proceeding regarding a loan for a convenience store. The borrower does not dispute that he voluntarily agreed to the terms of the loan. Any of the claimed financial distress he may have been under at the time cannot alter the terms of the agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 6, 2023, Case #: CV-22-173, Categories: Banking / Lending, foreclosure, contract
J. Fernandez finds the trial court properly entered a final judgment of foreclosure against the homeowner's son, as there is enough evidence to support the trial court's conclusions about an ambiguous life estate deed used to make possible a reverse mortgage between the homeowner's mother and the bank. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: September 6, 2023, Case #: 22-1960, Categories: foreclosure, contract
J. Miller finds the trial court properly ordered the mortgagee to pay interest at the default rate to the mortgagor after it admittedly defaulted on payments for its mortgage, as the loan documents in question specifically hold that any unpaid debt will have to repaid along with interest at the default rate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 22-1773, Categories: foreclosure, contract
J. Logue finds that the trial court properly denied the trustee's motion for joinder allowing her to add another capacity under which she was suing two homeowners in a foreclosure action based on a promissory note they assigned to the decedent whose revocable trust she represents. The trial court did not err by barring the trustee from joining her lawsuit in both her individual capacity and in her capacity as executor of the decedent's estate, as under the relevant precedent she is not allowed to join herself to her lawsuit in multiple new capacities years after she initially sued. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 9, 2023, Case #: 22-0902, Categories: Civil Procedure, foreclosure, contract
J. Palafox denies motions for rehearings from both parties following a dispute between a resident and a condominium association over allegedly unpaid fees that resulted in a foreclosure judgment against the resident. However, the lower court did err in granting no-evidence summary judgment against the resident after he argued he had stopped paying fees because the condominium breached its duty to him by not performing repairs. While this alleged lack of repairs did not excuse defendant from paying fees, it did nonetheless provide him with his own valid cause of action. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 13, 2023, Case #: 08-21-00057-CV, Categories: Housing, foreclosure, contract